Office of General Services

New York State Office of General Services - Real Estate - Sales of Surplus State Real Property
Sales of Surplus State Real Property
Sale Guidelines and Requirements
Section 33 of the Public Lands Law provides direction on how to dispose of unappropriated state lands. Prior to disposition, a property must be found to be surplus to the needs of the jurisdictional agency, and then "abandoned" by the agency to the Office of General Services (OGS). OGS polls other state agencies or municipalities for interest prior to offering the property for public sale. If there is no interest, OGS initiates planning for the sale of the property.

Surplus real property sales are made through either open auction or sealed bid auction. Sealed bid auctions are used for those properties where there is limited interest. Prior to the sale, the property is appraised and a minimum bid set. The public auction process generally begins with bidder registration, which usually occurs a half-hour before the auction begins.

General bidder requirements*:
  • All bidders must bring a deposit check for 10 percent of the minimum bid in the form of a certified check or bank draft made payable to themselves.
  • The successful bidder must endorse the deposit check to the "Commissioner of General Services." If applicable, an additional nonrefundable amount will be required which, together with the initial deposit, equals ten percent of the successful bid price. That amount is to be paid no later than 10 business days after notification of bid acceptance. The balance of the purchase price is due 120 days after notification of bid acceptance.

*See the Notice of Sale for each auction as special terms and broker commissions may apply.